| 1 | 1 | | 81R313 MTB-D |
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| 2 | 2 | | By: Howard of Fort Bend H.B. No. 4487 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to state and local activities concerning and enforcement |
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| 8 | 8 | | of federal immigration and custom laws. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 421.071, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 421.071. COOPERATION AND ASSISTANCE; IMMIGRATION. (a) |
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| 13 | 13 | | A state or local agency that performs a homeland security activity |
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| 14 | 14 | | or a nongovernmental entity that contracts with a state or local |
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| 15 | 15 | | agency to perform a homeland security activity shall cooperate with |
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| 16 | 16 | | and assist the office of the governor, the Homeland Security |
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| 17 | 17 | | Council, the Texas Infrastructure Protection Communications |
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| 18 | 18 | | Center, and the National Infrastructure Protection Center in the |
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| 19 | 19 | | performance of their duties under this chapter and other state or |
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| 20 | 20 | | federal law. |
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| 21 | 21 | | (b) A local agency may not adopt a rule, policy, or |
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| 22 | 22 | | ordinance that limits or prohibits an agency official, employee, or |
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| 23 | 23 | | law enforcement officer from communicating or cooperating with |
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| 24 | 24 | | federal officials with regard to the immigration status of an |
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| 25 | 25 | | individual in this state. |
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| 26 | 26 | | (c) Notwithstanding any other provision of law, a state or |
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| 27 | 27 | | local agency in this state may not prohibit or in any way restrict |
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| 28 | 28 | | an agency official, employee, or law enforcement officer from: |
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| 29 | 29 | | (1) maintaining information regarding the citizenship |
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| 30 | 30 | | or immigration status of an individual; or |
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| 31 | 31 | | (2) sending to or receiving from the United States |
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| 32 | 32 | | Department of Homeland Security or any other governmental agency |
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| 33 | 33 | | the information described by Subdivision (1). |
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| 34 | 34 | | (d) A resident of this state may bring an action in a |
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| 35 | 35 | | district court alleging a violation of Subsection (b) or (c) to |
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| 36 | 36 | | compel a state or local agency to comply with Subsection (b) or (c) |
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| 37 | 37 | | or with 8 U.S.C. Section 1373. |
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| 38 | 38 | | SECTION 2. Subchapter Z, Chapter 421, Government Code, is |
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| 39 | 39 | | amended by adding Section 421.902 to read as follows: |
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| 40 | 40 | | Sec. 421.902. IMMIGRATION ENFORCEMENT. (a) Subject to |
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| 41 | 41 | | approval by the governor, the attorney general of this state shall |
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| 42 | 42 | | enter into an agreement under 8 U.S.C. Section 1357(g) with the |
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| 43 | 43 | | United States Office of the Attorney General or other appropriate |
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| 44 | 44 | | federal agency relating to the enforcement by this state of federal |
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| 45 | 45 | | immigration and customs laws in this state, including detentions, |
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| 46 | 46 | | removals, and investigations. |
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| 47 | 47 | | (b) The agreement entered into under Subsection (a) shall be |
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| 48 | 48 | | signed on behalf of this state by the attorney general of this state |
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| 49 | 49 | | and the governor or as otherwise required by the appropriate |
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| 50 | 50 | | federal agency. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2009. |
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